California constitution makes no such distinctions

But the California constitution makes no such distinctions. “Section 13 of Article II says ‘Recall is the power of the electors to remove an elective officer.’ That is all,” said law professor Mary-Beth Moylan at the University of the pacific. “It does not say ‘for abuse of power’ or ‘for really bad acts.’”

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Nuclear option or not, both of California’s political parties are going all out in this recall race.

“He’ll have whatever he needs,” Gov. Brown said of Newman during a visit to Orange County the day after the recall campaign was announced.

The state Democratic party has spent over million to “maul the recall.” Millions more have flooded into the district from organized labor, progressive political organizations and other interests seeking to defend the new transportation spending. Newman has also had some legislative help. In June, Democrats amended the state recall process so the vote occurs not during a special election but on primary election day, when turnout is expected to be higher. They also successfully petitioned for a change to campaign finance law, allowing Newman to raise more money from his colleagues.

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The California Republican party has spent nearly $2 million supporting the campaign.

And for all the concern about how recalling legislators for unpopular votes might set a bad precedent for future political behavior, the GOp’s Fleming says that ship has sailed. He points to the failed attempt in 2008 to recall Republican Rep. Jeff Denham, then a state senator, for his refusal to support a Democratic budget.

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“Sure, it’s not something that should be done every single time,” he said. “But I think the justification will be when the voters recall Josh Newman.”

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

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